H-1C Visa: Registered Nurses


The H1C visa category is available to foreign registered nurses seeking temporary employment in the U.S. Only 500 H1C visa can be issued each year during the four-year period of the H1C program (2000-2004). Employment is limited to areas designated as Health Professional Shortage Areas (HPSA) by the Department of Health and Human Services (DHHS).
   
 
Benefits of the H1C Visa:
      
A.       You do not have to maintain foreign residence and show intent to return to your home country while applying for the visa

B.       Your dependents can stay with you as long as you maintain your H1C status. They can also attend school while on the H-4 dependent visa

C.       You can freely travel in and out of the U.S. provided you have a valid visa

Requirements for the H1C Visa:


A.       Criteria for Determining Medical Facility's Eligibility
      
    
1.      The sponsoring hospital/employer must:
      
    
a.      Be a "Subpart D" hospital under the Social Security Act

b.      Be located in a HPSA as of 1997

c.      Have at least 190 acute care beds according to 1994 Cost Report

d.      Be reimbursed by Medicare for at least 35 per cent of acute care inpatient days (according to 1994 Cost Report)

e.      Be reimbursed by Medicaid for at least 28 per cent of acute care inpatient days (according to 1994 Cost Report)

f.      Be located in a HPSA

2.      Hospitals and Medical facilities employing H1C nurses must meet the following obligations:
      
    
a.      Provide every registered nurse who works at the hospital with a copy of Form ETA- 9081 which specifies certain terms and conditions of employment

b.      Notify U.S. workers of the intent to petition for H1C registered nurses

c.      Pay at least the prevailing wage for the local area in which all registered nurses are employed by the
hospital   

d.      Pay at least the same wage paid to similarly employed U.S. registered nurses

e.      Take timely and significant steps to recruit and retain U.S. registered nurses to reduce its dependence on temporary foreign nurses

f.      Not hire H1C registered nurses during a strike/lockout involving registered nurses at the hospital

g.      Not lay off any U.S. registered nurses during the period from 90 days before until 90 days after filing any H1C petition with the U.S. Citizenship and Immigration Services (USCIS)

h.      Limit the total number of H1C registered nurses employed to no more than one-third of the total number of registered nurses employed at the facility

i.      Not allow any H1C registered nurses to perform nursing services at any location (worksite) other than a worksite controlled by the facility

j.      Not transfer the H1C registered nurses from one work place to another

k.      Keep certain documents available for public viewing, including the application, prevailing wage determination, and petitions

B.       Criteria for Determining Employee's Eligibility
 
    
To qualify for the H1C nurse visa:
      
    
1.     
You must have a full and unrestricted license to practice professional nursing in the country where you obtained your nursing education, or have received nursing education in the U.S.
   
    
2.      You must have passed an appropriate examination, or have a full and unrestricted license to practice as a registered nurse in the state of intended employment

3.      You must be fully qualified and eligible under the state laws and regulations of the state of intended employment to practice as a registered nurse immediately upon admission to the U.S.

4.      You must obtain a certified statement from the Commission on Graduates of Foreign Nursing Schools (CGFNS), or from an independent credentialing organization approved by the Attorney General and the DHHS, and passing the National Council Licensure Examination for Registered Nurses (NCLEX-RN)

Applying for the H1C Visa:
      
     You cannot apply for an H1C nurse visa as an individual. A U.S. Hospital or Medical Facility has to sponsor your H1C visa. To sponsor you, the employer must file an attestation with the Department of Labor, and submit a petition with the USCIS. Based on the H1C petition approval, you may apply for the H1C nurse visa or a change of nonimmigrant status.


A.       Filing Attestation with the Department of Labor
      
     To file an attestation for the H1C nurse visa, the sponsoring hospital must complete a Form ETA 9081, Attestation for H1C Nonimmigrant Nurses with the DOL Employment and Training Administration along with the required attestation documents.

If it is the first attestation by the hospital under H1C, copies of the hospital's Form HCFA 2552 from the 1994 cost reporting period filed with DHHS, which provides information on acute care beds, and percentage of Medicare/Medicaid patients, must accompany Form ETA 9081. The form also requires an attestation by the hospital that it has taken timely and significant steps to retain sufficient registered nurses who are U.S. citizens or immigrants who are authorized to perform nursing services.

The Form ETA-9081, signed by the chief executive officer of the facility, must be submitted to:

Chief, Division of Foreign Labor Certifications
Employment Training Administration
U.S. Department of Labor, Room C-4318
200 Constitution Avenue, NW
Washington, DC 20210

After the DOL accepts the application, the hospital will be notified and must file USCIS Form I-129, Petition for
Nonimmigrant Worker, with the USCIS.    


B.       Filing the H1C Petition
      
     An H-1C petition is filed on USCIS Form I-129, along with
Form I-129H supplement and the approved attestation from the U.S. Department of Labor. Your H1C petition must include:
      
    
1.      A valid attestation from the Department of Labor

2.      Copies of evidence that the foreign nurse named in the petition meets the minimum job requirements stated in the attestation


C.       Applying for the H1C Visa at an American Consulate
      
     To apply for the H1C visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:
      
    
1.      DOS Form DS-156, Nonimmigrant Visa Application

2.      DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45

3.      A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page

4.      Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member

5.      VisaScreen Certificate and Nursing Licenses

Duration of Stay:
     
    
The maximum period of admission on an H-1C visa is three years. You may receive an extension of stay to complete the three-year period of admission. However, the USCIS may not extend your period of admission beyond the initial three-year period.
   

 
Spouses and Children:
      
     Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for H-4 visas.